A Study On "Ultima Ration Of Penalty"

The theory of "ultima ratio of penalty" is the modest modern society or the rule of law in criminal law of value,in the other countries of world,the reform in criminal law is moving toward civilization,so does criminal law of China. In the background of the government to promote building a harmonious society and protect human rights and emphasize crimal reconciliation.However,is necessary to understanding the" ultima ratio of penalty".we can see the way such as Non-incrimination and moderation of penalty in the case or legislation,further research to understand the question of ultima ratio of penalty"have important significance of the theory and practical significance.The article is divided into four sections:Part one:Introduce the history and theory provides of ultima ratio of penalty" Including the history of’ultima ratio of penalty"in China and Taiwan and aborad countries,in the another part is the theory provides of’ultima ratio of penalty".Part two:Combines the social public attention as the case for dealing with Xu Ting.Make the different of twice sentence that the"ultima ratio of penalty" behind the criminal law in our criminal punishment.Part three:Introduce the embody of’ultima ratio of penalty" in two countries with civil law system. Its including french and japanese two countries and the penal code of penal code change the relevant accusation.Part four:Introduce the achieve way of ’ultima ratio of penalty".Including the theory provides of Non-incrimination and moderation of penalty, introduce the two way of embody in criminal amendment(eight) at the same time.